Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records, 48826-48832 [2016-17596]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48826-48832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17596]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0048]


Privacy Act of 1974; Department of Homeland Security, U.S. 
Customs and Border Protection, DHS/CBP-001, Import Information System, 
System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update an existing systems of 
records titled, ``DHS/U.S. Customs and Border Protection (CBP)-001 
Import Information System (IIS) System of Records'' (August 17, 2015, 
80 FR 49256). This system of records will continue to permit DHS/CBP to 
collect and maintain records on all commercial goods imported into the 
United States, as well as information pertaining to the carrier, 
broker, importer, and other persons associated with the manifest, 
import, or commercial entry transactions for the goods.
    DHS/CBP is updating this system of records notice to provide notice 
that IIS records may be stored on both DHS unclassified and classified 
networks to allow for analysis and vetting consistent with existing 
DHS/CBP authorities and purposes and this published notice. 
Furthermore, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    This system of records notice was previously published in the 
Federal

[[Page 48827]]

Register on August 17, 2015 (80 FR 49256). DHS/CBP previously published 
a Final Rule for the IIS system of records in the Federal Register on 
March 17, 2016 (81 FR 14369), which remains in effect. This updated 
system will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before August 25, 2016. This updated 
system will be effective August 25, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0048 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek (202) 344-1610, Acting CBP Privacy Officer, Office of 
the Commissioner, U.S. Customs and Border Protection, Washington, DC 
20229. For privacy questions, please contact: Jonathan R. Cantor, (202) 
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS), U.S. Customs and Border 
Protection (CBP) proposes to update an existing systems of records 
titled, ``DHS/CBP-001 Import Information System (IIS) System of 
Records'' (August 17, 2015, 80 FR 49256). This system of records will 
continue to collect and maintain records on all commercial goods 
imported into the United States, as well as information pertaining to 
the carrier, broker, importer, and other persons associated with the 
manifest, import, or commercial entry transactions for the goods.
    DHS/CBP is updating this system of records notice (SORN) to provide 
notice that IIS records may be stored on both DHS unclassified and 
classified networks to allow for analysis and vetting consistent with 
existing DHS/CBP authorities and purposes and this published notice. 
Furthermore, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    DHS/CBP-001 IIS, issued on August 17, 2015 (80 FR 49256), 
consolidated, updated, and renamed as one SORN the information 
previously contained in two DHS SORNs titled, ``DHS/CBP-001 Automated 
Commercial Environment/International Trade Data System (ACE/ITDS) 
System of Records'' (71 FR 3109, January 19, 2006) and ``DHS/CBP-015 
Automated Commercial System (ACS) System of Records'' (73 FR 77759, 
December 19, 2008). The Automated Commercial System, a decades-old 
trade information database and information technology (IT) system, was 
deployed to track, control, and process all commercial goods imported 
into the United States. ACE, part of a multi-year modernization effort 
since 2001 to replace ACS, continues to be designed to manage CBP's 
import trade data and related transaction information. ACE/ITDS serves 
three sets of core stakeholders: The internal DHS/CBP users, Partner 
Government Agencies (PGA), and the trade community. ACE is the IT 
backbone for the ITDS, an interagency initiative formalized under the 
SAFE Port Act of 2006 to create a single window for the trade community 
and PGAs involved in importing and exporting. DHS/CBP has provided 
notice to the public and trade community that in the future, the ACS IT 
system will be fully phased out and replaced by ACE. DHS/CBP published 
the IIS system of records to identify a single repository for import 
trade information and allow DHS/CBP to collect and maintain records on 
all commercial goods imported into the United States, along with 
related information about persons associated with those transactions, 
and manifest information.
    DHS/CBP is updating the system location to inform the public that 
certain IIS information may be replicated from the operational IT 
system, ACE/ITDS, and maintained on unclassified and classified systems 
and networks to allow for analysis and vetting consistent with existing 
DHS/CBP authorities and purposes and this published notice. 
Furthermore, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/CBP-001 IIS system of records may be shared with 
other DHS Components that have a need to know the information to carry 
out their national security, law enforcement, immigration, or other 
homeland security functions. In addition, information may be shared 
with appropriate federal, state, local, tribal, territorial, foreign, 
or international government agencies consistent with the routine uses 
set forth in this SORN and as otherwise authorized under the Privacy 
Act.
    DHS/CBP will not assert any exemptions with regard to information 
provided by or on behalf of an individual. However, this data may be 
shared with law enforcement and/or intelligence agencies pursuant to 
the routine uses identified in the IIS SORN and as otherwise authorized 
under the Privacy Act. The Privacy Act requires that DHS maintain an 
accounting of such disclosures. Disclosing the fact that a law 
enforcement and/or intelligence agency has sought particular records 
may interfere with or disclose techniques and procedures related to 
ongoing law enforcement investigations. As such, DHS has issued a Final 
Rule for the IIS system of records in the Federal Register on March 17, 
2016 (81 FR 14369), which remains in effect. This updated system will 
be included in the Department of Homeland Security's inventory of 
record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all persons when systems of records maintain 
information on U.S. citizens, lawful permanent residents, and non-
immigrant aliens.
    Below is the description of the DHS/CBP-001 Import Information 
System (IIS) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
these systems of records to the Office of Management and Budget and to 
Congress.



[[Page 48828]]

System of Records:
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-001.

System name:
    DHS/CBP-001 Import Information System (IIS).

Security classification:
    Unclassified. The data may be retained on the classified networks 
but this does not change the nature and character of the data until it 
is combined with classified information.

System location:
    DHS/CBP maintains records in the operational information technology 
(IT) system at the DHS/CBP Headquarters in Washington, DC and field 
offices. DHS/CBP also replicates records from the operational system 
and maintains them on other unclassified and classified systems and 
networks.

Categories of individuals covered by the system:
    Categories of individuals in this system include members of the 
public involved in the importation of merchandise and international 
trade, such as importers, brokers, carriers, manufacturers, shippers, 
consignees, cartmen/lightermen, filers, sureties, facility operators, 
foreign trade zone operators, drivers/crew, attorneys/consultants, and 
agents, in addition to persons required to file Customs Declarations 
for international mail transactions (including sender and recipient).

Categories of records in the system:
    Information maintained by ACE as part of the user account creation 
process includes:
     Account Information--Including Name of Company, Name of 
Company Officer, Title of Company Officer, Company Organization 
Structure, and Officer's Date of Birth (optional). For Operators, this 
information must match the name on the company's bond.
    [cir] Account Owner Information--Name, Application Data, Email, 
Date of Birth, Country, Address, and Business Phone Number.
    [cir] Legal Entity Information--Name, Application Data, Email, 
Country, Address, and Business Phone Number.
    [cir] Point of Contact Information--Name, Application Data, Email, 
Country, Date of Birth, Address, and Business Phone Number.
     Business Activity Information--Depending on the account 
type being established, CBP requires the following identifying 
information to set up an ACE portal account. Users are limited to a 
single identification number for the portal account being requested 
with the exception of: Importer, broker, filer, software vendor, 
service bureau, port authority, preparer, or surety agent, which can 
use up to three identifying numbers for each portal view:
    [cir] Importer/Broker/Filer/Surety--Importer Record Number; Filer 
Code; Taxpayer Identification Number (TIN) [e.g., Internal Revenue 
Service (IRS) Employer Identification Number (EIN)/Social Security 
number (SSN)]; Surety Code.
    [cir] Service Provider--Standard Carrier Alpha Code (SCAC) or Filer 
Code; EIN/SSN.
    [cir] Operator--EIN/SSN; Bond Number; Facilities Information and 
Resources Management System (FIRMS) Code; Zone Number; Site Number. 
Operators must also note whether their background investigation has 
been completed by CBP, and whether their fingerprints are on file with 
CBP.
    [cir] Cartman/Lighterman--Cartman/Lighterman Identification Number; 
Customhouse License (CHL) Number; Passport Number; Country of Issuance; 
Date of Expiration; U.S. Visa Number; Birth Certification Number; 
Permanent Resident Card Number; Certificate of Naturalization; 
Certificate of U.S. Citizenship; Re-entry Permit Number (I-327); 
Refugee Permit Number; Other Identification (such as Military 
Dependent's Card, Temporary Resident Card, Voter Registration Card). A 
Cartman/Lighterman must also note whether his or her background 
investigation has been completed by CBP, and whether his or her 
fingerprints are on file with CBP.
    [cir] Carriers--SCAC; Bond Numbers; Importer Record for Type 2 Bond 
(if applicable).
    [cir] Drivers/Crew--Commercial Driver License (CDL) Number; State/
Province of Issuance; Country; whether the Driver has an Enhanced CDL 
or is HAZMAT endorsed; Full Name; Date of Birth; Gender; Citizenship; 
Travel Documentation (and Country of Issuance) such as: Passport Number 
or Permanent Resident Card; or other type of identification including: 
SENTRI Card; NEXUS; \1\ U.S. Visa (non-immigrant or immigrant); 
Permanent Resident Card; U.S. Alien Registration Card; U.S. Passport 
Card; DHS Refugee Travel Document; DHS Re-Entry Permit; U.S. Military 
ID Document; or U.S. Merchant Mariner Document.
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    \1\ SENTRI and NEXUS are Trusted Traveler Cards used for 
expedited border crossing along the southern and northern borders, 
respectively. See, https://www.cbp.gov/travel/trusted-traveler-programs.
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    Information maintained by ACE as part of the trade facilitation 
process includes:
     Filer Information
    [cir] Importer of Record Name and Address--The name and address, 
including the standard postal two-letter state or territory 
abbreviation, of the importer of record. The importer of record is 
defined as the owner or purchaser of the goods, or when designated by 
the owner, purchaser, or consignee, a licensed customs broker. The 
importer of record is the individual or firm liable for payment of all 
duties and meeting all statutory and regulatory requirements incurred 
as a result of importation, as described in 19 CFR. sec. 141.1(b).
    [cir] Consignee Number--IRS EIN, SSN, or CBP-assigned number of the 
consignee. This number must reflect a valid identification number filed 
with CBP via the CBP Form 5106 or its electronic equivalent.
    [cir] Importer Number--The IRS EIN, SSN, or CBP-assigned number of 
the importer of record.
    [cir] Reference Number--The IRS EIN, SSN, or CBP-assigned number of 
the individual or firm to whom refunds, bills, or notices of extension 
or suspension of liquidation are to be sent (if other than the importer 
of record and only when a CBP Form 4811 is on file).
    [cir] Ultimate Consignee Name and Address--The name and address of 
the individual or firm purchasing the merchandise or, if a consigned 
shipment, to whom the merchandise is consigned.
    [cir] Broker/Filer Information--A broker or filer name, address, 
and phone number.
    [cir] Broker/Importer File Number--A broker or importer internal 
file or reference number.
    [cir] Bond Agent Information--Bond agent name, SSN or a surety-
created identification, and surety name.
    [cir] Declarant Name, Title, Signature, and Date--The name, job 
title, and signature of the owner, purchaser, or agent who signs the 
declaration. The month, day, and year when the declaration was signed.
    [cir] Importer Business Description--Including the Importer Dun & 
Bradstreet (DUNS) Number and the North American Industry Classification 
System (NAICS) number for Importer Business.
    [cir] Senior Officers of the Importing Company--Information 
pertaining to Senior Officers of the Importing Company with an 
importing or financial role in trade transactions: Position title; Name 
(First, Middle, Last); Business Phone; SSN (Optional); Passport

[[Page 48829]]

Number (Optional); Passport Country of Issuance (Optional).
    [cir] Additional Data Elements--Filers may, on their own 
initiative, provide additional or clarifying information on the form 
provided such additional information does not interfere with the 
reporting of those required data elements.
     Supply Chain Information
    [cir] Manufacturer Information:
    [ssquf] Manufacturer (or supplier) name;
    [ssquf] Manufacturer (or supplier) address;
    [ssquf] Foreign manufacturer identification code and/or shipper 
identification code;
    [ssquf] Foreign manufacturer name and/or shipper name; and
    [ssquf] Foreign manufacturer address and/or shipper address.
    [cir] Carrier Information:
    [ssquf] Importing Carrier--For merchandise arriving in the United 
States by vessel, CBP records the name of the vessel that transported 
the merchandise from the foreign port of lading to the first U.S. port 
of unlading.
     Vessel Identifier Code;
     Vessel Name;
     Carrier Name;
     Carrier Address;
     Carrier codes (non-SSN) (Standard Carrier Agent Code 
(SCAC) for vessel carriers, International Air Transport Association 
(IATA) for air carriers);
     Department of Transportation (DOT) number,
     Tax Identification Number;
     DUNS;
     Organizational structure; and
     Insurance information including name of insurer, policy 
number, date of issuance, and amount.
     The carrier can create users and points of contact, and 
may also choose to store details associated with the driver and crew, 
conveyance, and equipment for purposes of expediting the creation of 
manifests.
    [ssquf] Mode of Transport--The mode of transportation by which the 
imported merchandise entered the U.S. port of arrival from the last 
foreign country. The mode of transport may include vessel, rail, truck, 
air, or mail.
    [ssquf] Export Date--The month, day, and year on which the carrier 
departed the last port (or airport, for merchandise exported by air) in 
the exporting country.
    [cir] Liquidator identification (non-SSN);
    [cir] Seller (full name and address or a widely accepted industry 
number such as a DUNS number);
    [cir] Buyer (full name and address or a widely accepted industry 
number such as a DUNS number);
    [cir] Ship to party name;
    [cir] Consolidator (stuffer);
    [cir] Foreign trade zone applicant identification number;
    [cir] Country of origin;
    [cir] Commodity Harmonized Tariff Schedule of the United States 
(HTSUS) number;
    [cir] Booking party; and
    [cir] Other identification information regarding the party to the 
transaction.
     Crewmember/Passenger Information
    [cir] Carrier Information (including vessel flag and vessel name, 
date of arrival, and port of arrival (CBP Form 5129));
    [cir] Person on arriving conveyance who is in charge;
    [cir] Names of all crew members and passengers;
    [cir] Date of birth of each crew member and passenger;
    [cir] Commercial driver license (CDL)/driver license number for 
each crew member;
    [cir] CDL state or province of issuance for each crew member;
    [cir] CDL country of issuance for each crew member;
    [cir] Travel document number for each crew member and passenger;
    [cir] Travel document country of issuance for each crew member and 
passenger;
    [cir] Travel document for state/province of issuance for each crew 
member and passenger;
    [cir] Travel document type for each crew member and passenger;
    [cir] Address for each crew member and passenger;
    [cir] Gender of each crew member and passenger;
    [cir] Nationality/citizenship of each crew member and passenger; 
and
    [cir] HAZMAT endorsement for each crew member.
     Federal Employee Information (including CBP and PGA 
employees)
    [cir] CBP employee names;
    [cir] CBP employee hash identification, SSN, or other employee 
identification number; and
    [cir] Federal Government employee names, work addresses, work phone 
numbers, and ACE identification if already an ACE-ITDS user.
     Manifest Information
    [cir] Bill of Lading (B/L) or Air Waybill (AWB) Number--The number 
assigned on the manifest by the international carrier delivering the 
goods to the United States.
    [cir] Immediate Transportation Number--The Immediate Transportation 
number obtained from the CBP Form 7512, the AWB number from the Transit 
Air Cargo Manifest (TACM), or Automated Manifest System (AMS) master 
in-bond (MIB) movement number.
    [cir] Immediate Transportation Date--The month, day, and year 
obtained from the CBP Form 7512, TACM, or AMS MIB record. Note that 
Immediate Transportation date cannot be prior to import date.
    [cir] Missing Documents--Codes that indicate which documents are 
not available at the time of filing the entry summary.
    [cir] Foreign Port of Lading--The five digit numeric code listed in 
the ``Schedule K'' (Classification of Foreign Ports by Geographic Trade 
Area and Country) for the foreign port at which the merchandise was 
actually laden on the vessel that carried the merchandise to the United 
States.\2\
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    \2\ The ``Schedule K'' may be retrieved at: https://www.iwr.usace.army.mil/ndc/wcsc/scheduleK/schedulek.htm.
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    [cir] U.S. Port of Unlading--The U.S. port code where the 
merchandise was unladen (or, delivered) from the importing vessel, 
aircraft, or train.
    [cir] Location of Goods/General Order (GO) Number--Also known as a 
``container stuffing location,'' the pier or site where the goods are 
available for examination. For air shipments, this is the flight 
number.
     CBP Generated Records
    [cir] Entry Number--The entry number is a CBP-assigned number that 
is unique to each Entry Summary (CBP Form 7501).
    [cir] Entry Type--Entry type denotes which type of entry summary is 
being filed (i.e., consumption, information, and warehouse). The sub-
entry type further defines the specific processing type within the 
entry category (i.e., free and dutiable, quota/visa, anti-dumping/
countervailing duty, and appraisement).\3\
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    \3\ Automated Broker Interface (ABI) processing requires an ABI 
status indicator. This indicator must be recorded in the entry type 
code block. It is to be shown for those entry summaries with ABI 
status only.
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    [cir] Summary Date--The month, day, and year on which the entry 
summary is filed with CBP. The record copy of the entry summary will be 
time stamped by the filer at the time of presentation of the entry 
summary. Use of this field is optional for ABI statement entries. The 
time stamp will serve as the entry summary date. The filer will record 
the proper team number designation in the upper right portion of the 
form above this block (three-character team number code).\4\
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    \4\ For ABI entry summaries, the team number is supplied by 
CBP's automated system in the summary processing output message.
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    [cir] Port Code--The port is where the merchandise was entered 
under an entry or released under an immediate delivery permit. CBP 
relies on the U.S.

[[Page 48830]]

port codes from Schedule D, Customs District and Port Codes, listed in 
Annex C of the Harmonized Tariff Schedule (HTS).
    [cir] Entry Date--The month, day, and year on which the goods are 
released, except for immediate delivery, quota goods, or when the filer 
requests another date prior to release.\5\ It is the responsibility of 
the filer to ensure that the entry date shown for entry/entry summaries 
is the date of presentation (i.e., the time stamp date). The entry date 
for a warehouse withdrawal is the date of withdrawal.
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    \5\ 19 CFR 141.68.
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    [cir] Manufacturer ID--This code identifies the manufacture/shipper 
of the merchandise by a CBP-constructed code. The manufacturer/shipper 
identification code is required for all entry summaries and entry/entry 
summaries, including informal entries, filed on the CBP Form 7501.
    [cir] Notes--Notations and results of examinations and document 
review for cleared merchandise.
    [cir] Trade violation statistics.
    [cir] Protest and appeal decision case information.
     Surety and Bond Information
    [cir] Surety Information--Full legal name of entity, address.
    [cir] Surety Number--A three-digit numeric code that identifies the 
surety company on the Customs Bond. This code can be found in block 7 
of the CBP Form 301, or is available through CBP's automated system to 
ABI filers, via the importer bond query transaction.
    [cir] Bond Type--A three-digit numeric code identifying the 
following type of bond: U.S. Government or entry types not requiring a 
bond; Continuous; or Single Transaction.
    [cir] Additional Bond Information--All authorized users of bond, 
bond expiration date.
     Merchandise-Specific Information
    [cir] Line Number--A commodity from one country, covered by a line 
which includes a net quantity, entered value, HTS number, charges, rate 
of duty and tax.
    [cir] Description of Merchandise--A description of the articles in 
sufficient detail (i.e., gross weight, manifest quantity, net quantity 
in HTS units, U.S. dollar value, all other charges, costs, and expenses 
incurred while bringing the merchandise from alongside the carrier at 
the port of exportation in the country of exportation and placing it 
alongside the carrier at the first U.S. port of entry).
    [cir] License Numbers--For merchandise subject to agriculture 
licensing.
    [cir] Country of Origin--The country of origin is the country of 
manufacture, production, or growth of any article. When merchandise is 
invoiced in or exported from a country other than that in which it 
originated, the actual country of origin shall be specified rather than 
the country of invoice or exportation.
    [cir] Import Date--The month, day, and year on which the importing 
vessel transporting the merchandise from the foreign country arrived 
within the limits of the U.S. port with the intent to unlade.
    [cir] Exporting Country--The country of which the merchandise was 
last part of the commerce and from which the merchandise was shipped to 
the United States.

Authority for maintenance of the system:
    19 U.S.C. secs. 66, 1431, 1448, 1481, 1484, 1505, 1514, 1624, and 
2071 note; 26 U.S.C. 6109(d); 31 U.S.C. 7701(c); sec. 203 of the 
Security and Accountability for Every (SAFE) Port Act of 2006 and sec. 
343(a) of the Trade Act of 2002, as amended by the Maritime 
Transportation Security Act of 2002; title 19 of the Code of Federal 
Regulations, including 19 CFR 24.5, 149.3, 101.9, and 103.31(e).

Purpose(s):
    This system of records allows DHS/CBP to collect and maintain 
records on all commercial goods imported into the United States, along 
with carrier, broker, importer, and other ACE-ITDS Portal user account 
and manifest information. The purpose of this system of records is to 
track, control, and process all commercial goods imported into the 
United States. This facilitates the flow of legitimate shipments, and 
assists DHS/CBP in securing U.S. borders and targeting illicit goods. 
The IIS covers two principle information technology systems: The 
Automated Commercial System (ACS) and ACE-ITDS. The Automated 
Commercial System employs multiple modules to receive data 
transmissions from a variety of parties involved in international 
commercial transactions and provides DHS/CBP with the capability to 
track both the transport transactions and the financial transactions 
associated with the movement of merchandise through international 
commerce. The ACE-ITDS modernizes and enhances trade processing with 
features that will consolidate and automate border processing. The ACE-
ITDS serves three sets of core stakeholders: The internal DHS/CBP 
users, PGAs, and the trade community in the movement of merchandise 
through international commerce.
    DHS/CBP maintains a replica of some or all of the data in the 
operating system on other unclassified and classified systems and 
networks to allow for analysis and vetting consistent with the above 
stated purposes and this published notice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
United States Attorneys, or other federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any Component thereof;
    2. Any employee or former employee of DHS in his or her official 
capacity;
    3. Any employee or former employee of DHS in his or her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems

[[Page 48831]]

or programs (whether maintained by DHS or another agency or entity) 
that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty when DHS determines that the information would assist in the 
enforcement of civil or criminal laws.
    H. To a federal, state, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    I. To the Department of Commerce, United States Census Bureau for 
statistical analysis of foreign trade data.
    J. To a federal agency, pursuant to an International Trade Data 
System Memorandum of Understanding, consistent with the receiving 
agency's legal authority to collect information pertaining to and/or 
regulate transactions in international trade.
    K. To a federal, state, local, tribal, territorial, foreign, or 
international agency, maintaining civil, criminal, or other relevant 
enforcement information or other pertinent information, which has 
requested information relevant or necessary to the requesting agency's 
hiring or retention of an individual, or issuance of a security 
clearance, license, contract, grant, or other benefit;
    L. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, in response to a subpoena, or in connection with criminal 
law proceedings;
    M. To third parties during the course of an investigation to the 
extent necessary to obtain information pertinent to the investigation;
    N. To the Department of Justice, Offices of the United States 
Attorneys or a consumer reporting agency as defined by the Fair Credit 
Reporting Act, address or physical location information concerning the 
debtor, for further collection action on any delinquent debt when 
circumstances warrant;
    O. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology and systems designed to enhance national security or 
identify other violations of law;
    P. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of responding to an official inquiry by a 
federal, state, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes when 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility;
    Q. To an organization or individual in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property;
    R. To paid subscribers, in accordance with applicable regulations, 
for the purpose of providing access to manifest information as set 
forth in 19 U.S.C. 1431;
    S. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    CBP may disclose, pursuant to 5 U.S.C. 552a(b)(12), to consumer 
reporting agencies in accordance with the provision of 15 U.S.C. 1681, 
et seq. or the Federal Claims Collection Act of 1966 as amended (31 
U.S.C. 3701, et seq.). The purpose of this disclosure is to aid in the 
collection of outstanding debts owed to the Federal Government, 
typically, to provide an incentive for debtors to repay delinquent 
Federal Government debts by making these part of their credit records.
    Disclosure of records is limited to the individual's name, address, 
EIN/SSN, and other information necessary to establish the individual's 
identity; the amount, status, and history of the claim; and the agency 
or program under which the claim arose. The disclosure will be made 
only after the procedural requirements of 31 U.S.C. 3711(e) have been 
followed.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/CBP stores records in this system, as well as on other 
unclassified and classified systems and networks, electronically, or on 
paper in secure facilities in a locked drawer behind a locked door. The 
records may be stored on magnetic disc, tape, digital media, and CD-
ROM.

Retrievability:
    DHS/CBP retrieves records by file identification codes, name, or 
other personal identifier.

Safeguards:
    DHS/CBP safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. DHS/CBP imposes strict controls 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions. The systems maintain a real-time 
auditing function of individuals who access them. Additional safeguards 
may vary by Component and program.

Retention and disposal:
    The Importer Security Filing form is retained for fifteen years 
from date of submission unless it becomes linked to law enforcement 
action. All other

[[Page 48832]]

import records contained within IIS are maintained for a period of six 
years from the date of entry.
    Some records are retained online in a system database, while others 
may be retained in hard copy in ports of entry, as appropriate. 
Personally identifiable information collected in IIS as part of the 
regulation of incoming cargo will be retained in accordance with the 
U.S. Customs Records Schedules approved by the National Archive and 
Records Administration for the forms on which the data is submitted. 
This means that cargo, crew, driver, and passenger information 
collected from a manifest presented in connection with the arrival of a 
vessel, vehicle, or aircraft will be retained for six years.
    Information collected in connection with the submission of a Postal 
Declaration for a mail importation will be retained for a maximum of 
six years and three months (as set forth pursuant to NARA Authority N1-
36-86-1, U.S. Customs Records Schedule, Schedule 9 Entry Processing, 
Items 4 and 5).
    Records replicated on other DHS or CBP unclassified and classified 
systems and networks will follow the same retention schedule.

System Manager and address:
    Director, Integrated Logistic Support, Cargo Systems Program 
Office, Office of Information Technology, U.S. Customs and Border 
Protection, 1801 North Beauregard Street, Alexandria, Virginia 22311.

Notification procedure:
    ACE-ITDS portal users may log in to ACE-ITDS to change their 
profile information and make permissible amendments or corrections to 
their records. Individuals seeking notification of and access to any 
record contained in this system of records, or seeking to contest its 
content, may submit a request in writing to the DHS/CBP Freedom of 
Information Act (FOIA) Officer, whose contact information can be found 
at https://www.dhs.gov/foia under ``Contacts.'' If an individual 
believes more than one Component maintains Privacy Act records 
concerning him or her, the individual may submit the request to the 
Chief Privacy Officer and Chief FOIA Officer, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
20528.
    An individual seeking records about him or herself from this system 
of records or any other Departmental system of records, must submit a 
request that conforms with the Privacy Act regulations set forth in 6 
CFR part 5. You must first verify your identity, meaning that you must 
provide your full name, current address, and date and place of birth. 
You must sign your request, and your signature must either be notarized 
or submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. 
Although no specific form is required, you may obtain forms for this 
purpose from the Chief Privacy Officer and Chief FOIA Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which Component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS Component agency may have responsive records; 
and

    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his or her agreement for you to access his or her records.
    Without the above information, the Component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.
    In processing Privacy Act requests for related to information in 
this system, CBP will review the records in the operational system, and 
coordinate review of records that were replicated on other unclassified 
and classified systems and networks.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    DHS/CBP collects information from authorized DHS/CBP or other 
Federal agency forms, related documents, or electronic submissions from 
individuals and/or companies incidental to the conduct of foreign trade 
and required to administer the transportation and trade laws and 
regulations of the United States.

Exemptions claimed for the system:
    DHS/CBP will not assert any exemptions with regard to information 
provided by or on behalf of an individual, when requested by or on 
behalf of the data subject. However, this data may be shared with law 
enforcement and/or intelligence agencies pursuant to the routine uses 
identified in the IIS SORN. The Privacy Act requires DHS to maintain an 
accounting of such disclosures made pursuant to all routine uses. 
Disclosing the fact that a law enforcement and/or intelligence agency 
has sought particular records may affect ongoing law enforcement 
activity. As such, DHS will claim exemption pursuant to 5 U.S.C. 
552a(j)(2) from secs. (c)(3), (e)(8), and (g)(1) of the Privacy Act, 
and pursuant to 5 U.S.C. 552a(k)(2) from sec. (c)(3) of the Privacy 
Act, from providing an individual the accounting of disclosures, as 
necessary and appropriate to protect this information.

    Dated: July 20, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-17596 Filed 7-25-16; 8:45 am]
 BILLING CODE 9111-14-P